Matter of L. (Anonymous), Zaire D; L. (Anonymous), Zendaya; L. (Anonym
Motion No: 2024-02948
Slip Opinion No: 2024 NY Slip Op 73477(U)
Decided on August 30, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298775

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

HELEN VOUTSINAS, JJ.

2024-02948

In the Matter of Zaire D. L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebonie T. G.

(Anonymous), respondent-appellant.

(Proceeding No. 1)

In the Matter of Zendaya L. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebonie T. G.

(Anonymous), respondent-appellant.

(Proceeding No. 2)

In the Matter of Zhara L.-A. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Ebonie T. G.

(Anonymous), respondent-appellant.

(Proceeding No. 3)

(Docket Nos. NN-34280-2012, NN-30628-2016,

NN-30629-2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated March 15, 2024. By order to show cause dated July 12, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceedings for failure to comply with a scheduling order dated April 29, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion which is for leave to prosecute the appeal as a poor person is denied, with leave to renew within 30 days of the date of this decision and order on motion, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income, (2) whether the appellant was represented by assigned counsel or retained counsel in the Family Court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) the amount and source of money used to pay for hearing transcripts.

DUFFY, J.P., CHRISTOPHER, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court